Senate Bill No. 356

(Senator Plymale, original sponsor)


[Passed March 11, 2000; in effect ninety days from passage.]


AN ACT to amend and reenact section five, article six, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to modifying municipalities' authority to make minor boundary adjustments, and creating an exception thereto.
Be it enacted by the Legislature of West Virginia:
That section five, article six, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§8-6-5. Annexation by minor boundary adjustment.
In the event a municipality desires to increase its corporate limits by making a minor boundary adjustment, the governing body of such municipality may apply to the county commission of the county wherein the municipality or the major portion of the territory thereof, including the territory to be annexed, is located for permission to effect such annexation by minor boundary adjustment. A minor boundary adjustment shall not permit a municipality to incorporate territory that consists solely of a public highway unless a freeholder is included: Provided, That a public highway may be annexed by minor boundary adjustment for the purpose of providing utilities. Such application shall disclose the number of persons residing in the territory to be annexed to the corporate limits by the proposed change and shall have attached thereto an accurate map showing the metes and bounds of such additional territory.
If satisfied that the proposed annexation is only a minor boundary adjustment, the county commission shall order publication of a notice of the proposed annexation to the corporate limits and of the date and time set by the commission for a hearing on such proposal. Publication shall be as in the case of an order calling for an election, as set forth in section two of this article. A like notice shall be prominently posted at not less than five public places within the area proposed to be annexed.
If the freeholders of the area proposed to be annexed who are present or are represented at the hearing are not substantially opposed to the proposed boundary change, the commission may enter an order changing the corporate limits of the municipality as requested, which order may be reviewed by the circuit court as an order of a county commission ordering an election may be reviewed under section sixteen, article five of this chapter. After the date of such order, the corporate limits of the municipality shall be as set forth therein, unless judicial review is sought under the provisions of said section sixteen. If the proposed change is substantially opposed at the hearing by any such freeholder, the commission shall dismiss the application. Dismissal of any such application shall not preclude proceedings in accordance with the provisions of sections two and three or section four of this article. The municipality shall pay the costs of all proceedings under this section.